The claimant appealed against refusal of indefinite leave to remain. She said that she feared if she returned to Pakistan she would be subject to domestic violence. Though her husband had received prison sentences of three years for offences of violence, the assaults against her had amounted to pushes, which the judge had found to be insufficiently serious. He had disbelieved her claims of threats.
Held: The claimant’s appeal failed. The court looked to accepted definitions of domestic violence, and applied them. The judge’s conclusions might not have been reached by others but were founded in the evidence and were not incorrect in law. As to the risk of suicide, the judge had correctly applied the case of J v SSHD, and he had made no error of law.
Ward, Thomas, Richards LJJ
[2010] EWCA Civ 757
Bailii
Immigration Rules 289A
England and Wales
Citing:
Cited – J v Secretary of State for the Home Department CA 24-May-2005
The applicant, a Tamil threatened to commit suicide if returned to Sri Lanka. It had been accepted by the Home Secretary that he suffered from post traumatic stress disorder and depression. The medical evidence was that ‘His prognosis (was) . .
Cited – Y (Sri Lanka) and Another v Secretary of State for the Home Department CA 29-Apr-2009
The applicants appealed against orders for them to be returned to Sri Lanka where they would be subject to arrest and where there were uncontested findings that they had already been tortured and raped whilst in official custody before fleeing Sri . .
Cited – Practice Direction (Residence and Contact Orders: Domestic Violence) (No.2) FD 14-Jan-2009
The term ‘domestic violence’ ‘includes physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may have caused harm to the other party or to the child or which may give rise to the risk of . .
Cited – Ishtiaq v Secretary of State for the Home Department CA 26-Apr-2007
The applicant sought leave to remain in the UK permanently after her relationship with her spouse had broken down after domestic violence. She now complained that the officer who had decided her case had treated himself as bound to accept as . .
Cited by:
Cited – Yemshaw v London Borough of Hounslow SC 26-Jan-2011
The appellant sought housing after leaving her home to escape domestic violence. The violence was short of physical violence, and the authority had denied a duty to rehouse her. She said that the term ‘domestic violence’ in the Act was not intended . .
Lists of cited by and citing cases may be incomplete.
Immigration, Family
Updated: 02 November 2021; Ref: scu.420233